Not an Exception

In most instances, the sole remedy for a worker injured at work is Workers’ Compensation Act [WCA] benefits. Even if the employer fails to obtain workers’ compensation insurance, the employee remains limited to those remedies provided under the WCA.

N.Y. AG announces $600,000 agreement with masonry contractor

Employer fraud continues to be a major problem. NY State has enforced workers' compensation laws actively. Today's post was shared by Legal Newsline and comes from legalnewsline.com

Eric Schneiderman

New York Attorney General Eric Schneiderman announced Thursday an agreement with a masonry contractor and its owners for allegedly underpaying masonry workers on a publicly funded senior housing facility project.

Masonry Services Inc. and its owners, James Herrera and Jaime Herrera, allegedly paid masonry workers between $8 and $23 an hour for work on the St. Marks Project, far below the applicable prevailing wage rates.

MSI also allegedly failed to pay overtime to workers despite the workers regularly working more than 40 hours per week.

“My office will continue to pursue contractors who illegally underpay workers, whether it’s on a small scale or in a larger settlement like this one,” Schneiderman said in a statement. “Contractors who work on publicly-funded affordable housing projects must comply with all applicable laws, plain and simple. MSI will be held accountable for failing to meet its obligations to hard-working New Yorkers, in addition to paying back the wages owed to its workers.”

Illinois: Employer Convicted of a Felony for Failure to Have Workers' Compensation Insurance

The Illinois Worker’s Compensation (IWCC), in conjunction with the Cook County State’s Attorney’s Office Special Prosecutions Division and the Cook County Sheriff’s Office, has secured the first felony conviction for failure to secure workers’ compensation insurance. 

Mr. Ahmed Ghosien, d/b/a Ghosien European Auto Werks, refused to comply with Illinois law despite having been given several opportunities to become compliant.  After aggressive enforcement efforts, on July 25, 2013, Mr. Ghosien entered a guilty plea to the Class 4 felony (People v. Ahmed Ghosien, 12 CR 20949).  This is the first felony conviction against an employer for failure to obtain workers’ compensation insurance since the penalty increase, from a misdemeanor to a Class 4 felony, was introduced in 2005 and remained a critical part of Gov. Quinn’s reforms to the Worker’s Compensation Act in 2011.